When is the insurance co in violation of bad faith?

by laura_d92346 » Fri Jun 18, 2010 12:50 am

Hi, I have a concern with our insurance claim, my boyfriend was hit riding his motorcycle. This happened on 4/14/10. His ins adjuster will not return our calls on the deductable or fault. I should mention, both parties have AAA. Between the 2 of us, we have left 5 messages with no response. We are looking at filing the loss of use claim for the time the bike is down, but my main concern is how can I get the claims adjuster to call us back, and when can we look at acting in bad faith? It seems there is no concern for him being out of work, losing his job, unable to walk, etc. We have an attorney for the injury claim, but I am on my own for the property damage, deductble and when I ask if there is rental car availbe, she can't give me an answer. Please help,

Total Comments: 5

Posted: Fri Jun 18, 2010 01:55 am Post Subject:

Have you tried calling and asking for a supervisor or anyone else?


when can we look at acting in bad faith?



When it becomes an act of bad faith. Failing to return phone calls is not. And since liability hasn't been determined yet, that is a little premature don't you think?



We are looking at filing the loss of use claim for the time the bike is down




when I ask if there is rental car availbe



You will need to decide which one. You can't have both.

Posted: Fri Jun 18, 2010 11:17 am Post Subject:

Are you telling us that this bike was damaged in april and you have not talked to an adjuster since then? Your bike is not being repaired?

One reason they may not be returning your calls, is that you are atty rep'd. Your attorney would've sent the adjuster a letter barring that adjuster from talking with you. Most of the time the property damage portion of the claim can be discussed with the owner, BUT some carriers require a separate letter from the atty allowing this.

Back to the bike...where is it? What is it you don't understand about your deductible? Is the bike totaled or being repaired? Has someone inspected it? What state are you in?

Posted: Fri Jun 18, 2010 11:25 am Post Subject:

is that you are atty rep'd.



Missed that part :oops:

I don't return phone calls in that case.

As for the DOL, I have assignments I just received from April.

Posted: Fri Jun 18, 2010 12:14 pm Post Subject:

As for the DOL, I have assignments I just received from April.

But YOU just got the assignment from a carrier...This loss was reported to THEM in April...somethin' smells fishy here :wink:

Posted: Fri Jun 18, 2010 01:08 pm Post Subject:

somethin' smells fishy here



May be, but in most cases it's because they are swamped and don't have staff adjusters or ones availible. I was in OK last week for hail claims, from a storm that happened back in April.

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